Page 20 - Flathead Beacon // 3.5.14

20 | MARCH 5, 2014
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Butch Hurlbert,
whose daughter
and granddaughter
were gunned down
on Christmas Day
2010, pushed for
the death penalty in
Tyler Miller’s case.

GREG LINDSTROM
FLATHEAD BEACON

“I WANT AN EYE FOR AN EYE. THERE’S NOT A SHADOW OF A DOUBT THAT HE KILLED MY

DAUGHTER AND GRANDDAUGHTER. I RAISED THEM BOTH. CONSTITUTIONAL RIGHTS?

WHERE WERE THEIR RIGHTS?” Butch Hurlbert

Before Jaimi set out for the Regnier Miller and a relative were outside on the AT FIRST BLUSH, THE ATROCITY tention to the case, just as the defense

residence, she called to make sure Miller porch, and when he refused to go inside of Miller’s crime distinguishes him team, composed of a special “death cer-
wasn’t home. He’d been harassing her for the relative shoved him in through the as a well-suited candidate for capital tiied” attorney, Ed Sheehy, and another
months, and over the course of the previ- door.
punishment — at the sentencing hearing public defender, began mounting an ex-
ous two days Miller had sent emails and Unbeknownst to the family, Miller he was remorseless, and in interviews tensive defense to avoid the death pen-
text messages threatening her life. He’d had smuggled a .45-caliber handgun with detectives he expressed pride over alty.
also left Butch a voice message portend- into the home in a backpack, then gone having committed the murders.
Capital cases involve more investiga-
ing a violent crime, saying he intended to to the bathroom and transferred the gun “I probably pulled of the most evil, tion, more lawyers, more pre-trial mo-
“go out like a soldier.”
to the waistband of his pants.
manipulative pathetic thing today, but I tions, more expert witnesses, a longer

The previous night, on Christmas As his relative went back inside the feel good about it,” Miller told investiga- jury selection process, and separate tri-
Eve, he’d gone to the Scoreboard Pub home to get Hailey, Miller walked out- tors after his arrest. “(Expletive), I wish als to determine a defendant’s guilt and
and Casino in Kalispell, where Jaimi side through the garage and drew the I felt bad, I wish to God I (expletive) felt whether the ofense warrants a death
worked, threatening her in person, at- gun.
bad, but I am (expletive) happier than sentence.
tempting to steal her phone and forcing People inside heard Jaimi cry “Oh hell. I prayed to God that I could pull of Add to that countless other expenses
the bar to go on lockdown while police my God” just before the thunderclap of something like this.”
that accrue even before a single appeal is
responded. Butch insisted that Jaimi gunire. He shot Jaimi in the face and There are nine aggravating factors iled and the costs quickly stack up.

not go to Regnier’s house if Miller was shoulder before turning the gun on Bur- that can igure into a case in order for “A death penalty case is a very expen-
home, believing he was dangerous.
kett, shooting her once in the center of prosecutors to pursue the death pen- sive and time-consuming process, and
She agreed.
the chest. He then beat Jaimi with the alty in Montana, and Miller’s case argu- it’s very uncertain,” Corrigan said.
But the longer Butch and Jennifer butt of the gun, splitting her lip in two, ably contained two — that he killed the From the outset, a death penalty
waited, the more unanswered phone and when a mortally wounded Burkett victims while lying in wait and that the case is front-end loaded with costs be-
calls they placed to Jaimi and Alyssa, called out for her mom, Miller kicked her murders were the product of a pre-med- tween $400,000 and $1 million, and be-
the more ominous the situation became.
in the face.
itated scheme.
cause of the automatic appellate process
The events that followed would for- “We couldn’t even have an open cas- In the months that followed the there is an additional cost per year per

ever change their lives.
ket service,” Butch said. “They were un- charging decision, Flathead County At- inmate, with estimates ranging between
When Hurlbert arrived at the house,
recognizable.”
torney Ed Corrigan devoted his full at-
$100,000 and $150,000 annually.